Dispute resolution procedures

1
Dispute resolution procedures

• Andrew Walker - Project Manager

2
Background

• Interconnection Directive
• New European framework
• Framework Directive
• dispute resolution procedures
• Communications Bill
• 25 July 2003

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Scope of project

• To resolve disputes between providers of
  communications networks and services within four
  months, in accordance with Articles 20 and 21 of
  the Framework Directive

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Process - 1

• Consultation document mid-Oct
• Comms Bill
• issues for consultation
• Oftel policy
• responses sought

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Process - 2

• Consultation period of two months
• based on Oftel statement on use of consultation
• tight and ambitious timetable
• early start for new procedures
• will run workshops/discussion groups
• the point is to reduce timetables!

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Process - 3

• Statement by Feb 2003
• Introduce new procedures during March (except
  provisions linked to the Bill/SIs)
• Full implementation - 25 July 2003

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Issues - 1

• The Communications Bill
• Dispute referral/OFCOM actions
• Dispute timing and duration
• Alternative dispute resolution (ADR)
• Information-gathering
• Consultation process

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Issues - 2

• Own-initiative investigations
• Directions and enforcement
• Interaction with market reviews
• Internal processes
• Other OFCOM regulators

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Dispute referral and timing

• Criteria for submission
• Assessment period
• 4 months
• Stopping the clock
• Exceptional circumstances

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Alternative dispute resolution

• OFCOM can decline to resolve
• this decision can be appealed
• Refer for ADR
• Not binding
• External facilitator
• appropriate skills and knowledge
• Bill provisions

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Information-gathering

• Timely requests based on issues
• Well-presented
• clear, necessary, unambiguous
• agreed with parties as appropriate
• Formal powers
• we will use them

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Consultation process

• Radical changes
• Duration
• Use of other models
• Forms of consultation
• workshops / open meetings

13
Own-initiative investigations

• 4 months does not apply
• When to use?
• difficult/complex issues
• time-consuming
• multiple issues